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AL HB8
Bill
Status
3/31/2011
Primary Sponsor
Wes Long
Click for details
AI Summary
HB8 Summary
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Amends Section 26-15-3.2 of the Alabama Code to define "child" to include an unborn child in utero at any stage of development regardless of viability.
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Establishes venue for charges involving in utero exposure in the county where the child is born.
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Creates a rebuttable presumption that a mother exposed a child in utero to a controlled substance if both the mother and child test positive for the same controlled substance at time of birth and the substance was not prescribed by a physician.
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Maintains existing felony classifications: Class C for knowingly causing or permitting exposure, Class B if exposure causes serious physical injury, and Class A if exposure results in death.
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Provides immunity from criminal liability for licensed physicians providing medical care and treatment to mothers or children, including prescribing, ordering, or administering medications or medical procedures.
Legislative Description
Controlled substances, children, exposure to by mother, to include child in utero, venue established, presumption of exposure in utero created by positive drug test at time of birth, Sec. 26-15-3.2 am'd.
Crimes and Offenses
Last Action
Pending third reading on day 26 Favorable from Health
4/6/2011